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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

Khan v Coventry Magistrates' Court [2011] EWCA Civ 751, [2011] JPLO (Sept)

Licensing – licensing appeals – width of magistrates’ appellate jurisdiction

29 June 2011
Court of Appeal (Civil Division)
Thorpe LJ, Moore-Bick LJ, Black LJ

Where a magistrates’ court is hearing a licensing appeal, it may take into account complaints that were not initially raised during the licensing review and which have arisen between the review and the appeal hearing. Fresh evidence can be admitted on appeal to deal with new complaints.

On appeal from:
Khan v Coventry Magistrates’ Court [2010] EWHC 2330 (HHJ Davis QC)
(1) Mr Khan, owner of a local supermarket, (K) sought judicial review to challenge the decision of Coventry Magistrates’ Court to uphold the revocation of his licence to sell alcohol for consumption off the premises. The grounds for revocation were that K had sold alcohol to persons who were under-18.

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